CALENDAR AND JUDGMENT CALENDAR CASES TRIABLE ON THE FILE OF III METROPOLITAN MAGISTRATRE AT VIJAYAWAWADA. C.C. No.161/12

payment of fine, he shall undergo simple imprisonment for a period of three months and further sentenced him to pay a fine of Rs.500/- for the offence U/s 134 (a) (b) r/w.187 of M.V.Act. In default of payment of fine, he shall undergo simple imprisonment for a period of one week. Both sentences shall run concurrently.

13. EXPLANATION FOR DELAY : Cognizance of case was taken for the offences u/s.338 IPC and Sec.134 (a) & (b) r/w.187 of M.V.Act against accused on 20.06.12. On 12.09.12 appearance of accused copies of case documents furnished to him U/s.207 Cr.P.C. On 23.04.14 accused was examined U/s.251 Cr.P.C, for which accused pleaded guilty. Judgment was pronounced in open court on 23.04.14. Hence the delay.

III Metropolitan Magistrate, Vijayawada.

Submitted to the : Hon'ble Metropolitan Sessions Judge, Vijayawada.

IN THE COURT OF THE III METROPOLITAN MAGISTRATE AT VIJAYAWADA.

Present: - Sri R. Venkateswara Sharma, III Metropolitan Magistrate, Vijayawada.

Wednesday, this the 23rd day of April, 2014

C.C. No.161/12

Between:-

State Rep: by the Sub-Inspector of Police, Kankipadu P.S., Vijayawada city. …. Complainant

Vs. Kalapala Durga Rao, S/o.Kotaiah, 57 years, Madiga, R/o.Harizanawada, Uppaluru village, Kankipadu Mandal. …. Accused

Driver of lorry bearing No.AP-37-V-3888

* * *

This case is coming up before me for final hearing today i.e., on 23.04.14 in the presence of Asst. Public Prosecutor for the complainant and Sri B. Ravi, learned advocate for accused; and the matter having stood over till this day for consideration, this court delivered the following:-

J U D G M E N T

1. The Sub-Inspector of Police, Kankipadu Police Station, laid a charge sheet, against the accused in Cr. No.9/12 for the offences U/s.338 IPC and Sec.134 (a) & (b) r/w.187 of M.V.Act alleging that, on 14.01.12 at 9.00 hours, while L.W.1 / K. Ramu was was proceeding from his house at Kankipadu towards centre, and after reaching Mahalakshmi Manu centre in Kankipadu at that time, accused being driver of lorry bearing No.AP-37-V-3888 came in high speed in a rash and negligent manner without blowing horn and dashed his motor cycle. As a result of which, he fell down and sustained injuries and then he was taken to hospital for treatment. On receipt of hospital intimation, basing on the statement of LW.1, L.W.8 / Head Constable registered a case in Cr. No.9/12 for the offences U/s.338 IPC and Sec.134 (a) & (b) r/w.187 of M.V.Act, visited the scene of offence, prepared rough sketch, examined the witnesses, arrested the accused on 20.01.12 and produced him before the Court. After completion of investigation, L.W.9 / Sub-Inspector of Police filed charge sheet, against the accused for the offences U/s.338 IPC and Sec.134 (a) & (b) r/w.187 of M.V.Act.

2. This case was taken on file against accused for the offences U/s.338 IPC and Sec.134 (a) & (b) r/w.187 of M.V.Act.

3. On appearance, copies of documents are supplied to the accused, as required U/s.207 Cr.P.C.,

4. Accused was examined U/s.251 Cr.P.C. explaining the substance of accusation made against him, read over and explained to the accused in Telugu, for which, he pleaded guilty. Admission of the accused appears to be purely voluntary without any threat or coercion.

5. I therefore, find that, accused is guilty of the offences U/s.338 IPC and Sec.134 (a) & (b) r/w.187 of M.V.Act. Accordingly, he is convicted U/s.252 Cr.P.C., and sentenced him to pay a fine of Rs.1000/- for the offence U/s.338 IPC, in default of payment of fine, he shall undergo simple imprisonment for a period of three months and further sentenced him to pay a fine of Rs.500/- for the offence U/s.134 (a) (b) r/w.187 of M.V.Act. In default of payment of fine, he shall undergo simple imprisonment for a period of one week. Both sentences shall run concurrently.

Typed to my dictation by Personal Assistant directly on computer, corrected and pronounced by me in open court in on this the 23rd day of April, 2014.

III Metropolitan Magistrate, Vijayawada.